SUBSTITUTE SENATE BILL 6428
State of Washington 52nd Legislature 1992 Regular Session
By Senate Committee on Children & Family Services (originally sponsored by Senators Roach, Stratton and Oke; by request of Dept. of Social and Health Services, Department of Health, Superintendent of Public Instruction, Department of Community Development and Employment Security Department)
Read first time 02/07/92.
AN ACT Relating to at-risk families; amending RCW 28A.300.040, 43.63A.065, and 43.70.020; adding new sections to chapter 74.14A RCW; adding a new section to chapter 43.20A RCW; adding a new section to chapter 50.08 RCW; adding a new chapter to Title 70 RCW; creating a new section; making an appropriation; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.
However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help refashion family and community associations to care for children.
The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of a common approach to their delivery. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.
The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
NEW SECTION. Sec. 2. A new section is added to chapter 74.14A RCW to read as follows:
To update, specify, and expand the policy stated in RCW 74.14A.020, the following is declared:
It is the policy of the state of Washington to promote:
(1) Family-oriented services and supports that:
(a) Recognize that families include both traditional and nontraditional support systems and those who live alone;
(b) Respond to the changing nature of families;
(c) Respond to what individuals and families say they need, and meet those needs in a way that maintains their dignity and respects their choices; and
(d) Treat individuals holistically within the context of their family and community, but when the individual's rights and those of the family conflict, the rights and safety of the individual will prevail;
(2) Culturally relevant services and supports that:
(a) Explicitly recognize the culture and beliefs of each family and use these as resources on behalf of the family;
(b) Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and actively address instances where clearly disproportionate needs exist; and
(c) Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community;
(3) Coordinated services that:
(a) Develop strategies and skills for collaborative planning, problem solving, and service delivery;
(b) Encourage coordination and innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs;
(c) Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and
(d) Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding;
(4) Locally planned services and supports that:
(a) Operate on the belief that each community has special characteristics, needs, and strengths;
(b) Include a cross-section of local community partners from the public and private sectors, in the planning and delivery of services and supports; and
(c) Support these partners in addressing the needs of their communities through both short-range and long-range planning and in establishing priorities within state and federal standards;
(5) Community-based prevention that encourages and supports state residents to create positive conditions in their communities to promote the well-being of families and reduce crises and the need for future services;
(6) Outcome-based services and supports that:
(a) Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference;
(b) Use outcomes and indicators that reflect the goals that communities establish for themselves and their children;
(c) Work towards these goals and outcomes at all staff levels and in every agency; and
(d) Provide a mechanism for informing the development of program policies;
(7) Customer service that:
(a) Provides a climate that empowers staff to deliver quality programs and services;
(b) Is provided by courteous, sensitive, and competent professionals; and
(c) Upholds the dignity and respect of individuals and families by providing appropriate staff recognition, information, training, skills, and support;
(8) Creativity that:
(a) Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and
(b) Simplifies and reduces or eliminates rules that are barriers to coordination and quality services.
NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.
(2) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community development, and such other departments as may be specifically designated by the governor.
(3) "Family policy cabinet" or "cabinet" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community development and their designees.
(4) "Outcome based" means defined and measurable outcomes and indicators that make it possible for communities to evaluate progress in meeting their goals and whether systems are fulfilling their responsibilities.
(5) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.
(6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.
(7) "Council" means the Washington council on children, youth, and families.
(8) "Institute" means the entity established pursuant to section 16 of this act.
NEW SECTION. Sec. 4. There is established in the executive office of the governor, reporting directly to the governor and the legislature, the Washington council on children, youth, and families.
The council shall be composed of no less than twelve persons to be appointed by the governor and confirmed by the senate, who have direct experience in helping cope with the problems of children, youth, or families, and who, together represent the state's geographic, ethnic, and cultural diversity.
Members shall serve four-year terms and may be reimbursed according to RCW 43.03.050 and 43.03.060.
The family policy cabinet members who are state agency directors, or their designees, shall serve as ex officio members.
In addition, the senate and the house of representatives each shall designate the chair and ranking minority member of one of their relevant standing committees of reference to serve as ex officio members.
The governor shall appoint a chair from among the council's voting members.
The council shall employ an executive director and a clerical assistant. The council may employ such other personnel as are needed to carry out the council's duties under sections 3 through 5 of this act, within available resources.
NEW SECTION. Sec. 5. The council shall:
(1) Review the programs, policies, and services for children, youth, and families provided by public and private agencies, including those concerned with education, social services, juvenile justice, law enforcement, community development, employment, and health for the consistency of their efforts with the policy goals stated in this act and RCW 74.14A.020;
(2) Search for any interdepartmental gaps, inconsistencies, and inefficiencies in these agencies' efforts relative to attainment of the policy goals in this act and RCW 74.14A.020;
(3) Identify and advocate for changes in any statute, regulation, procedure, program, budget, organization, professional training, or other activity that would promote closer harmony with the policy goals in this act and RCW 74.14A.020;
(4) Facilitate joint planning and service coordination among public and private agencies as described in subsection (1) of this section;
(5) Accept appropriations, gifts, loans, and grants from public and private agencies;
(6) Provide leadership to all children and family service efforts in the state by disseminating information on effective programs and activities, and by contracting with public and private agencies for research, demonstration, or pilot projects;
(7) Encourage the formation of consortia on children, youth, and families where they do not now exist in any form, or encourage the modification of existing local councils that bring together representatives of public and private agencies described in subsection (1) of this section to jointly plan, coordinate, or operate activities in support of the purposes of sections 4 through 6 of this act;
(8) Report regularly to the governor and legislature regarding its progress in implementing this act, including any specific recommendations for budgetary, statutory, or regulatory change;
(9) Advise the family policy cabinet; and
(10) Contract on a competitive bid basis with a college or university to establish a research, training, and program development institute as authorized in this act.
NEW SECTION. Sec. 6. To the extent that any power or duty of the council created according to this act may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this act.
NEW SECTION. Sec. 7. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the governor for the purposes of this act.
NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1992, in the omnibus appropriations act, this act shall be null and void.
NEW SECTION. Sec. 9. (1) The family policy cabinet shall annually solicit from consortiums proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The cabinet shall consider such proposals only if:
(a) A comprehensive plan has been prepared by the consortium; and
(b) The consortium has identified and agreed to contribute matching funds as specified in section 3 of this act; and
(c) An interagency agreement has been prepared by the family policy cabinet and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in section 2 of this act, and identifies specific outcomes and indicators; and
(d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise available through existing categorical services or community programs; and
(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources.
(2) The family policy cabinet may submit a prioritized list of projects recommended for funding in the governor's budget document.
(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.
Sec. 10. RCW 28A.300.040 and 1991 c 116 s 2 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public schools of the state.
(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.
(3) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.
(4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.
(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.
(6) To act as ex officio member and the chief executive officer of the state board of education.
(7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to.
(8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.
(9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state.
(10) To issue certificates as provided by law.
(11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education.
(12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction.
(13) To administer oaths and affirmations in the discharge of the superintendent's official duties.
(14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office.
(15) To administer family services and programs to promote the state's policy as provided in section 2 of this act.
(16) To perform such other duties as may be required by law.
Sec. 11. RCW 43.63A.065 and 1990 1st ex.s. c 17 s 70 are each amended to read as follows:
The department shall have the following functions and responsibilities:
(1) Cooperate with and provide technical and financial assistance to the local governments and to the local agencies serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state, and, unless stipulated otherwise, give priority to local communities with the greatest relative need and the fewest resources.
(2) Administer state and federal grants and programs which are assigned to the department by the governor or the legislature.
(3) Administer community services programs through private, nonprofit organizations and units of general purpose local government; these programs are directed to the poor and infirm and include community-based efforts to foster self-sufficiency and self-reliance, energy assistance programs, head start, and weatherization.
(4) Study issues affecting the structure, operation, and financing of local government as well as those state activities which involve relations with local government and report the results and recommendations to the governor, legislature, local government, and citizens of the state.
(5) Assist the governor in coordinating the activities of state agencies which have an impact on local governments and communities.
(6) Provide technical assistance to the governor and the legislature on community development policies for the state.
(7) Assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for low and moderate income persons, and qualify as a participating state agency for all programs of the Department of Housing and Urban Development or its successor.
(8) Support and coordinate local efforts to promote volunteer activities throughout the state.
(9) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states or their subdivisions.
(10) Hold public hearings and meetings to carry out the purposes of this chapter.
(11) Provide a comprehensive state-level focus for state fire protection services, funding, and policy.
(12) Administer a program to identify, evaluate, and protect properties which reflect outstanding elements of the state's cultural heritage.
(13) Coordinate a comprehensive state program for mitigating, preparing for, responding to, and recovering from emergencies and disasters.
(14) Administer family services and programs to promote the state's policy as provided in section 2 of this act.
Sec. 12. RCW 43.70.020 and 1989 1st ex.s. c 9 s 103 are each amended to read as follows:
(1) There is hereby created a department of state government to be known as the department of health. The department shall be vested with all powers and duties transferred to it by this act and such other powers and duties as may be authorized by law. The main administrative office of the department shall be located in the city of Olympia. The secretary may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the department, and if consistent with the principles set forth in subsection (2) of this section.
(2) The department of health shall be organized consistent with the goals of providing state government with a focus in health and serving the people of this state. The legislature recognizes that the secretary needs sufficient organizational flexibility to carry out the department's various duties. To the extent practical, the secretary shall consider the following organizational principles:
(a) Clear lines of authority which avoid functional duplication within and between subelements of the department;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public;
(c) Maximum span of control without jeopardizing adequate supervision;
(d) A substate or regional organizational structure for the department's health service delivery programs and activities that encourages joint working agreements with local health departments and that is consistent between programs;
(e) Decentralized authority and responsibility, with clear accountability;
(f) A single point of access for persons receiving like services from the department which would limit the number of referrals between divisions.
(3) The department shall provide leadership and coordination in identifying and resolving threats to the public health by:
(a) Working with local health departments and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Developing intervention strategies;
(c) Providing expert advice to the executive and legislative branches of state government;
(d) Providing active and fair enforcement of rules;
(e) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing health preservation measures;
(f) Providing information to the public; and
(g) Carrying out such other related actions as may be appropriate to this purpose.
(4) In accordance with the administrative procedure act, chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment by the department's clients before the adoption of standards, guidelines, and rules.
(5) Consistent with the principles set forth in subsection (2) of this section, the secretary may create such administrative divisions, offices, bureaus, and programs within the department as the secretary deems necessary. The secretary shall have complete charge of and supervisory powers over the department, except where the secretary's authority is specifically limited by law.
(6) The secretary shall appoint such personnel as are necessary to carry out the duties of the department in accordance with chapter 41.06 RCW.
(7) The secretary shall appoint the state health officer and such deputy secretaries, assistant secretaries, and other administrative positions as deemed necessary consistent with the principles set forth in subsection (2) of this section. All persons who administer the necessary divisions, offices, bureaus, and programs, and five additional employees shall be exempt from the provisions of chapter 41.06 RCW. The officers and employees appointed under this subsection shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the state civil service law.
(8) The secretary shall administer family services and programs to promote the state's policy as provided in section 2 of this act.
NEW SECTION. Sec. 13. A new section is added to chapter 43.20A RCW to read as follows:
The secretary shall administer family services and programs to promote the state's policy as provided in section 2 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 50.08 RCW to read as follows:
The commissioner shall administer family services and programs to promote the state's policy as provided in section 2 of this act.
NEW SECTION. Sec. 15. By June 30, 1993, the family policy cabinet shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of section 9 of this act.
NEW SECTION. Sec. 16. (1) The council shall contract with a college or university to establish the state institute for children, youth, and families. The institute shall serve as the clearinghouse for information concerning innovations in children, youth, and family issues aimed at reducing events that weaken a family or community's ability to provide for its children and at empowering families and communities to provide care for children who have no parents able or willing to provide care. Information from the clearinghouse shall be available on request to the family policy cabinet, the council, or consortia. The institute shall also provide technical assistance to consortia on the issues of community empowerment, protection, and prevention of violence toward children, youth, and families, particularly sexual exploitation.
(2) The institute may review any data collected by family policy cabinet agencies to:
(a) Identify high priority children, youth, and family issues that require study or evaluation. Such issues may include, but are not limited to:
(i) Evaluation of outcomes of children, youth, and family interventions to assess their benefit to the people of the state;
(ii) Evaluation of specific population groups to identify needed changes in children, youth, and family support services;
(iii) Evaluation of the risks and benefits of various incentives aimed at individuals for both preventing family dysfunction and improving community and state support for children, youth, and families.
(b) Create a list of issues to study, specifying the objectives of each study, the study timeline, the specific improvements in the ability of communities to support children, youth, and families expected as a result of the study, and the estimated cost of the study. The list shall be submitted to the family policy cabinet and the council, after consultation with the consortia as part of the biennial budget process. However, no study activity may be undertaken by the institute without specific statutory authority and budget from the legislature.
(3) Any data, research, or findings obtained at the institute may be made available to the general public, including health professionals; the governor's council for children, youth, and families consortia; health and children, youth, and family associations; the governor; professional boards; regulatory agencies; and any person or group who has provided data for the institute.
NEW SECTION. Sec. 17. The council shall conduct a study to determine whether a network of consortia on children, youth, and families may be authorized to receive a transfer of authority to administer: (1) The program funds from cabinet agencies including at least: (a) The prevention and early intervention programs that the department of social and health services contracted for with private agencies on January 1, 1992; (b) consolidated juvenile services within the department of social and health services; (c) all residential and foster care services within the department of social and health services; (d) drug and alcohol prevention under chapter 28A.170 RCW; (e) the Fair Start program from the superintendent of public instruction; (f) school psychological and social counseling services from the superintendent of public instruction; (g) school health and nutrition services from the superintendent of public instruction; (h) the early childhood education and assistance program in the department of community development; and (i) the first steps program and for other department of health funded health education and health promotion programs where the primary target population is children; (2) a requirement that consortia prepare two-year plans that respond at a minimum to needs assessments, interagency service plans, and the goals of local school districts, public health departments, juvenile courts, and children's protective services; and (3) ways in which consortia can improve access to assistance that will strengthen the healthy family unit or community organizations, including at a minimum ways to reduce abuse of alcohol and illegal substances by children and their parents, and interpersonal violence and intentional injury to children. The study should recommend specific financial incentives to encourage the transfer of authority as outlined under this section.
NEW SECTION. Sec. 18. A new section is added to chapter 74.14A RCW to read as follows:
The implementation of council, cabinet, consortia, and institute, shall be included in all federal and state plans affecting the state's children, youth, and families, including at least those required by this chapter and applicable federal law. These plans shall be consistent with the intent and requirements of this chapter.
NEW SECTION. Sec. 19. Sections 1 and 3 through 6 and 9 of this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.